By: Zaffirini S.B. No. 58
(In the Senate - Filed November 12, 2002; January 27, 2003,
read first time and referred to Committee on Health and Human
Services; April 23, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 23, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 58 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a relative caregiver placement program
for certain children for whom the Department of Protective and
Regulatory Services is appointed managing conservator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 264, Family Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. RELATIVE CAREGIVER PLACEMENT PROGRAM
Sec. 264.801. DEFINITIONS. In this subchapter:
(1) "Relative" means a person related to a child by
consanguinity as determined under Section 573.022, Government
Code.
(2) "Relative caregiver" means a relative who:
(A) provides substitute care for a child for whom
the department has been appointed managing conservator, but who is
not licensed or certified to operate a foster home, foster group
home, agency foster home, or agency foster group home under Chapter
42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing care as described by
Paragraph (A).
Sec. 264.802. RELATIVE CAREGIVER PLACEMENT PROGRAM.
(a) The department shall develop and, subject to available funds,
administer a program to:
(1) promote placing children for whom the department
is appointed managing conservator with relative caregivers; and
(2) facilitate relative caregiver placements by
providing assistance and services to those caregivers in accordance
with this subchapter and department rules.
(b) The department shall adopt rules necessary to implement
this subchapter if funding is available. The rules must include
eligibility criteria for receiving assistance and services under
this subchapter.
Sec. 264.803. INVESTIGATION OF PROPOSED PLACEMENT. Before
placing a child with a proposed relative caregiver, the department
must conduct an investigation to determine whether the proposed
placement is in the child's best interests.
Sec. 264.804. RELATIVE CAREGIVER ASSISTANCE AGREEMENT.
Subject to available funds, the department shall enter into a
relative caregiver assistance agreement with each qualified
relative caregiver to provide monetary assistance and additional
support services to the relative caregiver. The monetary
assistance and support services may include:
(1) a one-time cash payment of not more than $1,000 for
each group of related children to the caregiver on the initial
placement of a child or group of related children to assist the
caregiver in purchasing essential child-care items such as
furniture and clothing;
(2) case management services and training and
information about the child's or children's needs until the
caregiver is appointed permanent managing conservator;
(3) referrals to appropriate state agencies
administering public benefits or assistance programs for which a
child, the caregiver, or the caregiver's family may qualify;
(4) family counseling not provided under the Medicaid
program for the caregiver's family for a period not to exceed two
years from the date of initial placement;
(5) if the caregiver meets the eligibility criteria
determined by department rule, reimbursement of all child-care
expenses incurred for a child while the child is under 13 years of
age and while the department is the child's managing conservator;
(6) if the caregiver meets the eligibility criteria
determined by department rule, reimbursement of 50 percent of
child-care expenses incurred after the caregiver is appointed
permanent managing conservator of a child while the child is under
13 years of age; and
(7) reimbursement of other expenses, as determined by
department rule, not to exceed $500 per year for each group of
related children.
Sec. 264.805. COORDINATION WITH OTHER AGENCIES. The
department shall coordinate with other health and human services
agencies, as defined by Section 531.001, Government Code, including
the Texas Department of Human Services, to provide assistance and
services under this subchapter.
Sec. 264.806. FUNDS. The department and other state
agencies shall actively seek and use federal funds available for
the purposes of this subchapter.
SECTION 2. Not later than December 1, 2003, the Department
of Protective and Regulatory Services shall adopt rules for
implementing and administering the relative caregiver placement
program under Subchapter J, Chapter 264, Family Code, as added by
this Act.
SECTION 3. (a) Subject to available funds, not later than
March 1, 2004, the Department of Protective and Regulatory Services
shall implement the relative caregiver placement program in
accordance with Subchapter J, Chapter 264, Family Code, as added by
this Act, in the following administrative regions designated by the
department:
(1) Region 5; and
(2) Region 11.
(b) Subject to available funds, not later than March 1,
2005, the Department of Protective and Regulatory Services shall
implement the relative caregiver placement program in accordance
with Subchapter J, Chapter 264, Family Code, as added by this Act,
statewide.
SECTION 4. This Act takes effect September 1, 2003.
* * * * *